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Domain: All, Form: Judgment, Date of document: 2021, Author: Court of Justice, Search language: English
7 9

Judgment of the Court (Grand Chamber) of 2 March 2021.
A.B. and Others v Krajowa Rada Sądownictwa and Others.
Request for a preliminary ruling from the Naczelny Sąd Administracyjny.
Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.
Case C-824/18.

ECLI identifier: ECLI:EU:C:2021:153

CELEX number:
Court of Justice
Date of document:
7 9